Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-01-22
THE MIEZEL CASE.
What the Defense Has Proved, and
Hopes to Proye-Near the Close.

Mrs. Caroline Wheel, mother of the de-
PENDANT. was recalled. Witness said that
after the birth of Josephine's infant and
she had recovered from her illness, she
would take the child up to her room and
sit for hours gazing at il in an distracted
manner.
Re-cross-At the time of my visit TO
Kleins on the night of the alleged outrage,
did not say that should not have cared so
much about the affair if young Kuchler
had not told all about it, and that my hus-
band was then at home whipping Josephine.
Witness admitted that she thought, even
though a rape had been committed, that
the only proper thing to be done was TO in
sist upon klein's marrying his victim.
Ex-Police Judge Henry was the next
witness. He had had opportunities for
noticing the manner and conduct Of per-
sons who had committed crime. Judge
Henry then recited the event Of Miss
Wheel calling upon him and the City
Attorney in May. 1856, TO make complaint
against Jacob Klein for rape. He heard a
portion of her statment made at the time.
The conduct OF Miss Wheel was strange
and peculiar Some OF the time she was
serious, and al others tippant. Her eyes
had a peculiar, CLASSY expression. After
that he had two or three interviews with
her, and at each her manner seemed about
the same Witness had an interview with
Klein at her solicitation. When witness
told her Of Klein's final refusal TO accede TO
her demand, she became greatly agitated.
She said that if he did not marry her she
would shoot him, but witness did not think
she talked as if she meant II. He said 70
her: You have told me you never shot a
pistol and would not know how 10 use
one" She replied that she would pull
the hammer back, grasp the weapon with
both hands, shut her eyes and pull the
trigger" This statement she supplemented
with a hysterical laugh, Witness was
questioned as to his opportunities of
noting the peculiarities of insane persons.
He considered himgelf quite capable of
judging of persons mental condition.
The prosecution objected to witness Civ
ing any testimony in regard 10 his opinion
as 10 the mental condition of the defend
ant, on the ground that he was not COM
petent expert in such matters. Objection
sustained.
Witness (resuming) related what oc-
Cured at the station-house on the night Of
Klein death. The defendant said to him,
Judge, you didn't think l would do it, did
you ?' and then broke ont into hysterical
laugh. On subsequent occasions witness
noticed that the defendant was strangely
calm under the circumstances. Witness
was questioned as to the impressions made
upon him regarding the sanity of defend
ant, but not allowed 10 answer. On one
occasion the defendant came down town
dressed in a very improper manner. She
wore a thin dress, beneath which there
l,,1 ,ar,tc
On cross examination witness srelated
what occurred at the interview between the
defendant and Klein in his presence. The
defendant reminded Klein of the condition
in which she was, and demanded that he
should marry her and save her from
shame Klein replied that her family
had abused his mother, and that he
did not know why he should be
compelled to marry her. Klein said
something to the effect that be was not re
sponsible for her condition. She replied,
% As sure as this child has but one father,
Just so surely are you lis father - Witness
did not hear Klein accuse her of being in
innate with Kirk, and demand TO know
why she did not marry him, and she did
not reply that she would if he were old
enough Miss Wheel did say that she
wanted Klein 10 marry her and that if he
was too poor her folks would help them.
Klein did not, in witness presence, ex-
pressly charge Miss Wheel with being IN
chaste In her first interview with witness
the defendant spoke of the alleged outrage
as having occurred in the earlier part of
February. At the interview in his pres
ence between Klein and the defendant,
Klein seemed to be upconcerned as 10 her
demand for marriage and rather defiant in
his manner. At one time the defendant
told witness that she had consulted some
old woman in regard to avoiding becoming
a mother, and at his request she brought to
him the medicine prescribed for her.
]. \. Young, attorney, was called and
questioned as 20 his knowledge of mental
diseases, and his experience in matters in
which the question of insanity was in
volyed Witness said he mad read and
studied many authorities on the subject.
He had several interviews with Miss
Wheel, who sought his advice in relation
TO her trouble with Klein. She explained
her condition to him, and witness advised
her against making a complaint against
Klein for rape, because OF the damaging
effect such publicity would have upon her
reputation. Miss Wheel, in making
threats against Klein, did not seem 10 real
ize their serious nature.
The prosecution at this point objected to
and he was subjected by Mr.. Bruner to a
close inquiry concerning his researches in
that direction. Among other cases that
witness had tried was that of a Chinaman
charged with murder. He could not recall
lust what the defense was, but he presumed
there was defense made, as his client was
acquitted.
Pending the further examination of wit
ness a recess was taken till 100 p. II.
AFTERNOON SESSION.
Mr.. Young resumed his testimony. He
was asked as to what impression was made
upon his mind by the manner of the de-
PENDANT. He answered that, in his opin-
ion, her mental equilibrium had been IN
settled.
Cross Along in February
the defendant called upon witness to con-
suit him professionally in regard to the al
legged assault upon her by Klein, and men,
toned her condition. Witness was quite
certain that her first visit was between the
1st and 10Th OF February.
Judge Henry was recalled and asked as
TO what impression the manner and con-
duct of the defendant had made upon him.
Witness had been impressed with the
idea that the girl was, TO a certain extent,
mentally Irresponsible.
J. NJ. Sullivan, a police officer, testified
to long but casual acquaintance with the
defendant. Witness assisted in making the
arrest on the night of the shooting. He
thought the defendant did not realize the
full import of her act, as she seemed 10 be
quite Indifferent as to the consequences.
Witness did not regard her as being in her
right mind.
On cross-examination, witness related
what occurred at defendants house on the
night of the shooting and of her arrest, and
reasserted his belief that at the time her
mind was unbalanced. Formerly she was
of Jolly disposition, but her manner had
changed greatly.
Chief of Police Dillman was called. He
first knew defendant shortly before the
homicide After her arrest she acted
strangely, and did not seem to understand
her situation. She would roll her eyes
about in a peculiar manner. The i'm
preston made upon witness was that her
mind was not right.
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